3745.08
Complaints.

(A)
An officer of an agency of the state or
of a political subdivision, acting in the officer's representative capacity, or
any person who is or will be aggrieved or adversely affected by a violation
that has occurred, is occurring, or will occur may file a complaint, in writing
and verified by the affidavit of the complainant, the complainant's agent, or
attorney, with the director of environmental protection, in accordance with the
rules of the director adopted pursuant to Chapter 119. of the Revised Code,
alleging that another person has violated, is violating, or will violate any
law, rule, standard, or order relating to air pollution, water pollution, solid
waste, infectious wastes, construction and demolition debris, public water
supply, hazardous waste, products that contain mercury, or cessation of
chemical handling operations, or, if the person is in possession of a valid
license, permit, variance, or plan approval relating to air pollution, water
pollution, solid waste, infectious wastes, construction and demolition debris,
public water supply, or hazardous waste, that the person has violated, is
violating, or will violate the conditions of the license, permit, variance, or
plan approval. The affidavit verifying a complaint authorized by this section
may be made before any person authorized by law to administer oaths and shall
be signed by the person who makes it. The person before whom it was taken shall
certify that it was sworn to before that person and signed in that person's
presence, and that person's certificate signed officially by that person shall
be evidence that the affidavit was made, that the name of the person making the
affidavit was written by the maker of the affidavit, and that the maker of the
affidavit was that person.

(B)
Upon receipt of a complaint authorized by this section, the director shall
cause a prompt investigation to be conducted such as is reasonably necessary to
determine whether a violation, as alleged, has occurred, is occurring, or will
occur. The investigation shall include a discussion of the complaint with the
alleged violator. If, upon completion of the investigation, the director
determines that a violation, as alleged, has occurred, is occurring, or will
occur, the director may enter such order as may be necessary, request the
attorney general to commence appropriate legal proceedings, or, where the
director determines that prior violations have been terminated and that future
violations of the same kind are unlikely to occur, the director may dismiss the
complaint. If the director does not determine that a violation, as alleged, has
occurred, is occurring, or will occur, the director shall dismiss the
complaint. Before taking any action under this division, the director may
commence a hearing. Twenty days prior to any hearing, the director shall cause
publication of notice of the hearing in a newspaper with general circulation in
the county wherein the alleged violation has occurred, is occurring, or will
occur, and also shall mail written notice by certified mail, return receipt
requested, to the person who filed the complaint and to the alleged violator.
If the director enters an order pursuant to this division without having
commenced a hearing, the director or the director's delegate, prior to entry of
the order, shall provide an opportunity to the complainant and the alleged
violator to attend a conference with the director or the director's delegate
concerning the alleged violation.

(C)
Any hearing commenced under this section
shall be conducted before the director or a hearing examiner designated by the
director. The agency and the alleged violator shall be parties. The person who
filed the verified complaint may participate as a party by filing with the
director, at any time prior to the hearing, a written notice of the
complainant's intent to so participate. Any other person may be permitted to
intervene upon the granting by the director or hearing examiner of a motion to
intervene filed in accordance with the rules of the director adopted pursuant
to Chapter 119. of the Revised Code.

(D)
A complaint filed under this section may
be consolidated with any other complaint filed under this section, or any
finding of the director, where the director determines that consolidation will
facilitate enforcement of any law that the agency is charged with administering
under section
3745.01 of the Revised Code and
there are one or more issues of fact or law in common. Not more than one
hearing under this section shall be conducted with respect to each violation
alleged.